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Home My WebLink About10-08-2001 Regular MeetingSTATE OF ALABAMA X 2746 COUNTY OF BALDWIN X The City Council, City of Fairhope, met in regular session at 5:30 p.m., Fairhope Municipal Complex Council Chamber, 161 North Section Street, Fairhope, Alabama 36532, on Monday, 08 October 2001. Present were Mayor Timothy M. Kant, Councilmembers: Robert C. Gentle, Michael A. Ford, Debbie W. Quinn, Pauline Anders, and Cecil Christenberry; City Attorney Marion E. Wynne, and City Clerk Geniece W. Johnson. No one was absent. There being a quorum present, Mayor Kant called the meeting to order. The Pledge of Allegiance was recited, and Councilmember Cecil Christenberry gave the invocation. Councilmember Gentle moved to approve minutes of the 24 September 2001, regular meeting. Seconded by Councilmember Quinn, motion passed unanimously. Mayor Kant recognized Boy Scout, Zachary Tipton Brandon. Mr. Brandon is working on his Eagle Badge. Councilmember Ford introduced in writing Ordinance No. 1134. An Ordinance to amend the manner of which funds are deposited and disbursed for Recreation purposes. In order to take immediate action, Councilmember Quinn moved for immediate consideration. Seconded by Councilmember Gentle, motion for immediate consideration passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders, and Christenberry. NAY -none. Councilmember Gentle then moved for final adoption of Ordinance No. 1134. Seconded by Councilmember Ford, motion for final adoption passed unanimously by the following votes: AYE -Gentle, Ford, Quinn, Kant, Anders and Christenberry. NAY -none. Councilmember Anders introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Gentle, motion passed unanimously. 08 October 2001 RESOLUTION NO. 790-01 2747 BE IT RESOLVED by the Mayor and Council of the City of Fairhope, Alabama, that the proposed Budget Presented and reviewed this 08th Day of October, 2001, be hereby approved and adopted for FY 2001- 2002; and BE IT FURTHER RESOLVED that the Annual Salaries of City Personnel shall be as shown on a list entitled "Annual Salaries of All City Personnel - Res. No. 790-01 "; said list filed in the Office of the Mayor, of the City Clerk, and of the Personnel Director; and BE IT FURTHER RESOLVED that the Mayor be authorized to enter into a contract with the Eastern Shore Chamber of Commerce to promote the City of Fairhope. The contract shall be for one year, 1 October 2001 - 30 September 2002, but may be canceled at any time. Contract shall call for a payment to the Eastern Shore Chamber of Commerce of $125.00 per month from the General Fund and $125.00 per month from each of the Utility Funds; or $6,000.00 for the one year term. ADOPTED THIS 08th DAY OF October , 2001. r �5-- T* )6�thyM.Kani Mayor ATTE T: Geniece W. Johnson ity Clerk 08 October 2001 2748 Councilmember Quinn introduced in writing, and moved for the adoption of the following resolution. Seconded by Councilmember Ford, motion passed unanimously. Resolution No. 791-01 WHEREAS, the Owners of River Oaks Phase 2-B desire to have all public streets and rights -of -way dedicated on the plat filed for record in the Probate Records of Baldwin County, Alabama as slide number 2056 B and all utilities located in easements and in rights -of -ways accepted for maintenance by the City of Fairhope, Alabama, and; WHEREAS, the General Superintendent of the City of Fairhope, Alabama represents that the public improvements in River Oaks Phase 2-B have been installed in substantial conformity with City requirements, and; WHEREAS, the City of Fairhope, Alabama has received notice from the engineers of the project that the design and capacity of the public improvements have been designed in conformance with City requirements as indicated on the recorded plat, and; WHEREAS, the City of Fairhope, Alabama is not and in no manner will be responsible for the maintenance of common areas in the subdivision as indicated on the recorded plat, and; WHEREAS, the City of Fairhope, Alabama has received from the owners of River Oaks Phase 2-B a maintenance bond for the public improvements constructed for a period of 2 years from the date of the approval of this Resolution, and; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA that the public improvements for River Oaks Phase 2-B are hereby accepted for public maintenance subject to the bond posted. Adopted, this 081h day of October , 2001 Tim by M. ant, Nayor Attest: 6eniece W. Jolmson,/• - 08 October 2001 2749 City Council reviewed an application for a Beer/Wine On and Off Premises License, by Chris Coward, dba Battle Wharf Bistro, located at 19344 Scenic Hwy 98, Fairhope, Alabama. Councilmember Anders moved to approve the issuance of the license. Seconded by Councilmember Quinn, motion passed unanimously. Councilmember Anders moved to grant the request by Willie Williams, requesting permission to hold the 14`h Annual Baldwin County Celebration of Dr. Martin Luther King's Birthday, on Monday, 21 January 2002, starting at 10:00 a.m., from Stimpson Field to the Municipal Complex. Councilmember Anders also moved to authorize the Mayor to workout the usage of the Civic Center and the march should be coordinated with the Police Department. Seconded by Councilmember Christenberry. Mayor Kant announced that the City of Foley allows the usage of their Civic Center from 10:00 a.m. to 12:00 p.m. at no charge. Any time used after 12:00 p.m. is charged. Mayor Kant expressed that he would like to follow the City of Foley's policy. Motion passed unanimously. Fire Chief, Greg Burroughs, addressed the City Council requesting permission to block Fairhope Avenue between Section Street and Bancroft Street for a Benefit Bar-B-Que Dinner for Becky Kidd Harbinson, on Saturday, 20 October 2001, at 4:00 p.m. — 8:00 p.m., at Julwin's Restaurant. Police Chief, Jerry Anderson, stated that the Police Department does not have a problem with blocking Fairhope Avenue as long as the merchants located in this area does not have a problem. Councilmember Ford moved to grant the request, and work with the merchants and the Police Department. Seconded by Councilmember Gentle, motion passed unanimously. Building Inspector, Erik Cortinas, addressed the City Council requesting permission to host an Erosion Control Training Seminar in Fairhope, on November 13, & 14, 2001. Councilmember Anders moved to grant the request. Seconded by Councilmember Gentle, motion passed unanimously. Councilmember Gentle moved to approve the change order request # 1, by James Brothers Excavating, Inc., increasing the contract by $3,354.00, for the Quail Creek Entrance Resurfacing Project, by adding colorant admixture to the concrete paving. Seconded by Councilmember Anders, motion passed unanimously. Councilmember Gentle, Chairperson of the Street Committee, reported on the request of John and Audrey Strnad, requesting one or two speed bumps on Cottage Drive. Councilmember Gentle reported and moved to approve the recommendation of the Street Department and Police Department to install two speed bumps on Cottage Drive to slow drivers down. Seconded by Councilmember Quinn, motion passed unanimously. 08 October 2001 2750 Mayor Kant asked Attorney Wynne (Tut) to update the City Council on the County's lawsuit against four cities. Tut reported that the County has filed suit against the City of Fairhope, City of Gulf Shores, City of Robertsdale, and City of Foley. The lawsuit pertains to the above cities issuing permits within their Police Jurisdiction. Tut explained that the case between Baldwin County vs. City of Robertsdale was taken to the Supreme Court, and the Supreme Court ruled in 1972 in favor of the City of Robertsdale. Therefore, the cities do have the right to issue permits within their Police Jurisdiction. Planning and Building Director, Christopher Baker stated that in an effort to eradicate confusion the Home Builders Association was notified that the City of Fairhope would begin issuing building permits within the Police Jurisdiction starting 1 October 2001. Building Inspector, Erik Cortinas, stated that permits are being issued within the Police Jurisdiction by the City of Fairhope, and a list of those persons/property locations that are obtaining permits from the County are being kept. Councilmember Gentle expressed that we need to clarify this matter immediately. Councilmember Gentle moved to pay bills as presented. Seconded by Councilmember Anders, motion passed unanimously. There being no further business to come before the City Council the meeting was duly adjourned at 6:08 p.m. c h.,. ayM. K t, Nfayor Geniece W. Johnson, erk